DOCSLIB.ORG

Declaration of Nullity Is Made

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Declaration of Nullity Is Made Saints Peter & Paul Parish 250 Snell Street Fall River, MA 02721 Phone: 508.676.8463 Fax: 508.678.8070 Adult Education Course Controversial and Often Misunderstood Issues in Catholicism Week 5 MARRIAGE, FAMILY & SEXUALITY ISSUES, PART II AUGUST 16, 1999 Father Roger J. Landry Introduction Tonight we turn to another enormous topic, the canonical bases for a valid marriage, on the bases of the lack of which every declaration of nullity is made. Last week we focused on conjugal love and its various “impostors.” This week we turn to the canonical issues surrounding marriages: marriage, divorce, remarriage and declarations of nullity. In order for a marriage to take place, there must be the (1) legitimately-manifested (2) consent of a man and a woman (3) who are capable according to law of giving consent. If any of these three elements is absent, no marriage takes place, even though everyone witnesses that a wedding occurred that day. Years later, if there is an investigation of whether the requisite elements for a valid marriage were present on the day of the wedding, such an investigation may determine that at least one of these elements was absent and consequently that no marriage occurred. Such a declaration of the nullity of a marriage is what is commonly called an annulment. There is considerable controversy and misunderstanding about declarations of nullity, both within the Church and outside of the Church. In order to sort through all of the confusion, it is necessary first to establish those necessary elements for a true marriage. From there we can more clearly understand on what bases declarations of nullity can be legitimately granted — which will comprise the second half of this discussion. In must be added before we begin that declarations of nullity, rather than undermining Christian teaching on marriage, actually strengthen it. God created the good and natural reality of marriage “in the beginning” with certain properties. Christ elevated this good natural institution to the dignity of one of the seven sacraments. Consequently the Church must take marriage very seriously, because God takes it so seriously. The whole context of tonight’s discussion operates within these parameters and with this seriousness. In addition to the Catechism and the Code of Canon Law, I am heavily indebted to two sources in my preparation of this handout: Fr. Michael S. Foster’s Annulment: The Wedding that Was, Paulist Press, 1999 and The Code of Canon Law: A Text and Commentary by the Canon Law Society of America, 1985. Fr. Foster is the Associate Judicial Vicar of the Archdiocese of Boston and his work gives a very concise and clear presentation of the Church’s teaching on the process of petitioning for a declaration of nullity that I would highly recommend for those who are interested in further reading. Outline I. What is marriage? II. The requirements for a valid marriage A) Consent of the parties B) Legitimately manifested C) Between persons who are capable according to law of giving consent III. Consummation of the marriage IV. Dissolution of a good and natural marriage V. Process of petitioning for a declaration of nullity VI. Other commonly-asked questions surrounding marriage, divorce, remarriage and annulments FR. R. LANDRY, SS Peter & Paul 1999 Adult Education, Week 5 PAGE 2 What is marriage? I. What is marriage? A) Marriage is a partnership, an intimate community of live and life, that a woman and a man establish between themselves for the whole of life. It has been established by God. Canon 1055: §1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life, is by its nature ordered toward the good of the spouses and the procreation and education of offspring; this covenant between baptized persons has been raised by Christ the Lord to the dignity of a sacrament. CCC 1603 The intimate community of life and love which constitutes the married state has been established by the Creator and endowed by him with its own proper laws.... God himself is the author of marriage." The vocation to marriage is written in the very nature of man and woman as they came from the hand of the Creator. Marriage is not a purely human institution despite the many variations it may have undergone through the centuries in different cultures, social structures, and spiritual attitudes. These differences should not cause us to forget its common and permanent characteristics. Although the dignity of this institution is not transparent everywhere with the same clarity, some sense of the greatness of the matrimonial union exists in all cultures. B) A marriage is constituted or brought about (cf. Canon 1057 and below) 1) through the consent of the parties (man and woman), 2) legitimately manifested 3) between persons who are capable according to law of giving consent. C) The purposes of marriage are by nature (cf. canon 1055 above) 1) the good of the spouses and 2) the procreation and education of offspring D) The goods of marriage are: 1) Proles — children, or at least the sincere openness to them (fecundity) CCC 1652 "By its very nature the institution of marriage and married love is ordered to the procreation and education of the offspring and it is in them that it finds its crowning glory." Children are the supreme gift of marriage and contribute greatly to the good of the parents themselves. God himself said: "It is not good that man should be alone," and "from the beginning [he] made them male and female"; wishing to associate them in a special way in his own creative work, God blessed man and woman with the words: "Be fruitful and multiply." Hence, true married love and the whole structure of family life which results from it, without diminishment of the other ends of marriage, are directed to disposing the spouses to cooperate valiantly with the love of the Creator and Savior, who through them will increase and enrich his family from day to day. CCC 1653 The fruitfulness of conjugal love extends to the fruits of the moral, spiritual, and supernatural life that parents hand on to their children by education. Parents are the principal and first educators of their children. In this sense the fundamental task of marriage and family is to be at the service of life. 2) Fides — lifelong exclusive fidelity CCC 1646 By its very nature conjugal love requires the inviolable fidelity of the spouses. This is the consequence of the gift of themselves which they make to each other. Love seeks to be definitive; it cannot be an arrangement "until further notice." The "intimate union of marriage, as a mutual giving of two persons, and the good of the children, demand total fidelity from the spouses and require an unbreakable union between them. CCC 1648 It can seem difficult, even impossible, to bind oneself for life to another human being.1 This makes it all the more important to proclaim the Good News that God loves us with a definitive and irrevocable love, that married couples share in this love, that it supports and sustains them, and that by their own faithfulness they can be witnesses to God's faithful love. Spouses who with God's grace give this witness, often in very difficult conditions, deserve the gratitude and support of the ecclesial community. 3) Sacramentum — an indissoluble bond E) The essential properties of marriage are: 1) Unity Canon 1056: The essential properties of marriage are unity and indissolubility, which in Christian marriage obtain a special firmness in virtue of the sacrament. 2) Indissolubility CCC 1644 The love of the spouses requires, of its very nature, the unity and indissolubility of the spouses' community of persons, which embraces their entire life: "so they are no longer two, but one flesh." They "are called to grow continually in their communion through day-to-day fidelity to their marriage 1CCC 1649 Yet there are some situations in which living together becomes practically impossible for a variety of reasons. In such cases the Church permits the physical separation of the couple and their living apart. The spouses do not cease to be husband and wife before God and so are not free to contract a new union. In this difficult situation, the best solution would be, if possible, reconciliation. The Christian community is called to help these persons live out their situation in a Christian manner and in fidelity to their marriage bond which remains indissoluble. FR. R. LANDRY, SS Peter & Paul 1999 Adult Education, Week 5 PAGE 3 promise of total mutual self-giving. This human communion is confirmed, purified, and completed by communion in Jesus Christ, given through the sacrament of Matrimony. It is deepened by lives of the common faith and by the Eucharist received together. 3) (For Christian marriages) a Sacramental Bond and the graces that come with it. Canon 1134: From a valid marriage arises a bond between the spouses which by its very nature is perpetual and exclusive; furthermore, in a Christian marriage the spouses are strengthened and, as it were, consecrated for the duties and the dignity of their state by a special sacrament. CCC 1641 "By reason of their state in life and of their order, [Christian spouses] have their own special gifts in the People of God." This grace proper to the sacrament of Matrimony is intended to perfect the couple's love and to strengthen their indissoluble unity. By this grace they "help one another to attain holiness in their married life and in welcoming and educating their children. CCC 1642 Christ is the source of this grace.
Load more

Recommended publications
  • Irregularities and Simple Impediments in the New Code of Canon
    IRREGULARITIES A ND SIM PLE IM PEDIM ENTS IN TH E NEW CODE O F C A NON LA W B"THE H RE . H . N . I KE" L . V JO J C , JC DISSERTA TION SU M IT TED TO TH E FA C ULT"OF SA C RED SC B IENC ES , C A H O IC ERS I OF A MER T L UNIV TY IC A, ‘ I WA S H NGTON, D . C ., m PA RTIA L FU LF I LM ENT OF TH E REQUIREMENTS FOR TH E DEGREE OF DOC TOR OF C A NON LAW MA RC H B T T NIH IL O S A . T . .D HOMA S J. S HA HA N, S T . C ENS OR DEPUTA TUS . CONTENTS Introduction 7 I—Definition Division Chapter and of Irregularity . 9 — Cha pter II The Subject of Irregularity Chapter III—Irregularities Arising from Defect Chapter IV—Irregularities Arising from C rime — Chapter V Simple Impedirnents Chapter VI—The Cessation of Irregularities and Simple Impediments INTRODUCTION . The Church has always exercised the greatest solici tude for the members of her clergy . This fact is clearly evident in her repeated promulgation of decrees of differ ent councils and synodal enactments relative to this phase of her organization . Her eff orts in this respect have ‘ been nobly and generously seconded e verywhere and at all times by the hierarchy as may be substantiated by t e liable documentary proof . The subject of irregularity is of its very nature an im por tant one. Irregularities have been instituted by the Church to preserve the dignity and honor of her min istr y.
    [Show full text]
  • Understanding Human Sexuality in John Paul II's Theology of the Body
    Duquesne University Duquesne Scholarship Collection Electronic Theses and Dissertations Spring 5-6-2016 Understanding Human Sexuality in John Paul II’s Theology of the Body: An Analysis of the Historical Development of Doctrine in the Catholic Tradition John Segun Odeyemi Follow this and additional works at: https://dsc.duq.edu/etd Recommended Citation Odeyemi, J. (2016). Understanding Human Sexuality in John Paul II’s Theology of the Body: An Analysis of the Historical Development of Doctrine in the Catholic Tradition (Doctoral dissertation, Duquesne University). Retrieved from https://dsc.duq.edu/etd/1548 This One-year Embargo is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Duquesne Scholarship Collection. UNDERSTANDING HUMAN SEXUALITY IN JOHN PAUL II’S THEOLOGY OF THE BODY: AN ANALYSIS OF THE HISTORICAL DEVELOPMENT OF DOCTRINE IN THE CATHOLIC TRADITION. A Dissertation Submitted to Duquesne University In partial fulfillment of the requirements for the degree of Doctor of Philosophy By John Segun Odeyemi May 2016 Copyright by John Segun Odeyemi 2016 UNDERSTANDING HUMAN SEXUALITY IN JOHN PAUL II’S THEOLOGY OF THE BODY: AN ANALYSIS OF THE HISTORICAL DEVELOPMENT OF DOCTRINE IN THE CATHOLIC TRADITION. By John Segun Odeyemi Approved on March 31, 2016 _______________________________ __________________________ Prof. George S. Worgul Jr. S.T.D., Ph.D. Dr. Elizabeth Cochran Professor of Theology Associate Professor of Theology (Dissertation Director) (Committee Member) ________________________________ ________________________________ Rev. Dr. Gregory I. Olikenyen C.S.Sp. Dr. James Swindal Assistant Professor of Theology Dean, McAnulty College and Graduate (Committee Member) School of Liberal Arts iii DEDICATION In honor of my dearly beloved parents on the 50th anniversary of their marriage, (October 30th, 1965 – October 30th 2015) Richard Tunji and Agnes Morolayo Odeyemi.
    [Show full text]
  • The Natural Law, the Marriage Bond, and Divorce
    Fordham Law Review Volume 24 Issue 1 Article 5 1955 The Natural Law, the Marriage bond, and Divorce Brendan F. Brown Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Brendan F. Brown, The Natural Law, the Marriage bond, and Divorce, 24 Fordham L. Rev. 83 (1955). Available at: https://ir.lawnet.fordham.edu/flr/vol24/iss1/5 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Natural Law, the Marriage bond, and Divorce Cover Page Footnote Robert E. McCormick; Francis J. Connell; Charles E. Sheedy; Louis J. Hiegel This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol24/iss1/5 SYMPOSIUM THE NATURAL LAW AND THE FAMILYf THE NATURAL LAW, THE MARRIAGE BOND, AND DIVORCE BRENDAN F. BROWN* I. THE NATURAL LAW DICTATES MONOGAMXY N ATURAL law is that objective, eternal and immutable hierarchy of moral values, which are sources of obligation with regard to man be- cause they have been so ordained by the Creator of nature. This law con- forms to the essence of human nature which He has created. It is that aspect of the eternal law which directs the actions of men.' Although this law is divine in the sense that it does not depend on human will, neverthe- less, it is distinguishable from divine positive law, which has been com- municated directly from God to men through revelation, for natural law is discoverable by reason alone." Natural law has been promulgated in the intellect.
    [Show full text]
  • Petition for Marriage Permission Or Dispensation
    Form M2 Revised 9/2009 DIOCESE OF SPOKANE PETITION FOR MARRIAGE PERMISSION OR DISPENSATION GROOM BRIDE Name Name Address Address City, State City, State Date of Birth Date of Birth RELIGION Catholic Catholic Parish: Parish: Place: Place: Baptized non-Catholic Baptized non-Catholic Denomination: Denomination: Unbaptized Unbaptized Scheduled date and place for marriage: The following dispensation and permissions may be granted by the pastor for marriages celebrated within the territory his parish. Otherwise, the petition is submitted to the Local Ordinary. A. Disparity of Cult (C. 1086, a Catholic and a non-baptized person). See reverse side. B. Mixed Religion (and, if necessary, disparity of cult, C. 1124). See reverse side. C. Natural obligations from a prior union (C. 1071 3°). Marriage is permitted only when the pastor or competent authority is sure that these obligations are being fulfilled. D. Permission to marry when conditions are attached to a declaration of nullity—granted only if these stipulations have been fulfilled. (Cf. C. 1684) By virtue of the faculties granted to pastors of the Diocese of Spokane, I hereby grant the above indicated permissions/dispensation. Pastor: Date: (This document is retained in the prenuptial file) See p. 2 of this form for dispensations and permissions reserved to the Local Ordinary (Diocesan bishop, Vicar General or their delegate). Page 1 of 2 Form M2 In cases of Mixed Religion (Catholic and a baptized non-Catholic) or Disparity of Cult, the Catholic party is to make the following promise in writing or orally: “I reaffirm my faith in Jesus Christ and, with God’s help, intend to continue living that faith in the Catholic Church.
    [Show full text]
  • Canon Law of Marriage Indissolubility of Marriage in 406 Two Synods of North Africa, Called the 11Th Council of Carthage Stated
    Canon law of marriage Indissolubility of Marriage In 406 two Synods of North Africa, called the 11th Council of Carthage stated, " we decree that according to the evangelic and apostolic discipline neither a husband dismissed by his wife, nor a wife dismissed by her husband may marry another; but that they are to remain as they are or to be reconciled to one another. if they despise this law they ought to be subjected to penance. and on this subject a imperial law out to be promulgated." the canon's teaching on indissolubility appears to be absolute i.e. it does not allow for any exception. this is important because they was and still is, a debate over Matther 19:9 which has Jesus saying, "Now i say this to you: anyone who divorces his wife- I am not speaking of an illicit marriage- marries another is guilty of adultery. the expression illicit marriage is a translation of the Greek word proneia( ). it is possible to translate the this word as adultery. thus the text from Matthew could mean that anyone who divorces his wife and marries another is guilty of adultery except in the case of him divorcing his wife because she has committed adultery. but this Greek word porneia can have at least three other meanings: a relationship that is not really a marriage because of some legal impediment; a betrothal; an incestous union which is not a true marriage. in all these cases the man would be able to divorce his wife and marry another without being guilty of adultery for the simple reason that his first marriage was not a real marriage.
    [Show full text]
  • Quick Guidelines
    There is no guarantee that an affirmative 6. The promises (cautiones) must be signed by both decision will be reached. Therefore, no date for a the Catholic and non-Catholic party should a subsequent marriage should ever be set until the case dispensation for disparity of worship or permission is concluded and the decision is ratified. for mixed religion be required for the proposed new marriage. 7. Efforts must be made to secure the present OTHER TYPES OF CASES whereabouts and testimony of the Respondent. 8. A Catholic Petitioner must do everything possible to ensure the religious education of the children PAULINE PRIVILEGE from the former marriage. Archdiocese of Los Angeles 9. The principles of justice toward the previous Metropolitan Tribunal Pauline Privilege refers to the dissolution of spouse and any children of the former marriage a marriage between two unbaptized persons. must be fulfilled by the Petitioner. 10. The Catholic parties must seriously practice their To invoke the Pauline Privilege: Faith. a. Both parties must have been unbaptized at the time of marriage, and the other party must still be unbaptized. PRIOR BOND (LIGAMEN) QUICK b. Proof of non-baptism of both parties at the time of the marriage must be established. Ligamen, or prior bond, is one of the GUIDELINES c. The Petitioner must sincerely seek to be baptized. impediments to marriage in the Church and causes the d. The other party does not intend to be baptized and existing marriage to be invalid. does not wish to be reconciled with the Petitioner. One or both parties have a prior valid marriage that has/have not ended by the death of the UNDERSTANDING former spouse, and the church has not issued an THE PROCESS OF FAVOR OF THE FAITH affirmative decision on the nullity of the prior marriage(s).
    [Show full text]
  • Nullity of Marriage in Modern Hindu Law"
    "NULLITY OF MARRIAGE IN MODERN HINDU LAW" ^7 Sushil Kumar Tewari A thesis submitted for the Degree of Doctor of Philosophy in the University of London, Faculty of La^, October, 19&5* School of Oriental & African Studies. ProQuest Number: 11015651 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11015651 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 2 ABSTRACT The first Chapter investigates the question: whether nullity existed in the dharmasastra♦ Chapter Two is concerned with bigamy as ground for nullity. The essential requirements to obtain relief where either party has a spouse living at the time of the marriage have been discussed. * In Chapter Three degrees of prohibited relationship, degrees of Sapip.<jLa relationship, and essential requirements of a custom permitting such a marriage have been dealt with. Chapter Pour defines impotence, considers instances amounting and not amounting to impotence. The media and standard of proof of impotence; factors limiting the Court1s jurisdiction has also been considered. Chapter Five considers mental incapacity sufficient to annul a marriage and the test to be applied in such a case.
    [Show full text]
  • Some Basic Notes on Marriage
    Some Basic Notes on Marriage The Pharisees approached [Jesus] and asked, "Is it lawful for a husband to divorce his wife?" They were testing him. He said to them in reply, "What did Moses command you?" They replied, "Moses permitted him to write a bill of divorce and dismiss her." But Jesus told them, "Because of the hardness of your hearts he wrote you this commandment. But from the beginning of creation, 'God made them male and female. For this reason a man shall leave his father and mother (and be joined to his wife), and the two shall become one flesh.' So they are no longer two but one flesh. Therefore what God has joined together, no human being must separate." In the house the disciples again questioned him about this. He said to them, "Whoever divorces his wife and marries another commits adultery against her; and if she divorces her husband and marries another, she commits adultery." (Mark 10:2- 12) "For this reason a man shall leave (his) father and (his) mother and be joined to his wife, and the two shall become one flesh." This is a great mystery, but I speak in reference to Christ and the church. (Ephesians 5:31-32) What is marriage? Marriage is a “covenant, by which a man and a woman establish between themselves a partnership of the whole of life” (Code of Canon Law, c. 1055). Marriage is by its nature ordered to the good of the spouses and the procreation and education of children. Who instituted marriage? God instituted marriage as fitting to human nature, which he created to have both a male and a female expression.
    [Show full text]
  • Common Misconceptions About Divorce and Annulments in the Catholic Church
    Common Misconceptions about Divorce and Annulments in the Catholic Church Once people divorce, they are no longer part of the Church. Divorced people are excommunicated and no longer able to receive the Eucharist or other sacraments. (FALSE, NOT FULLY ACCURATE) Divorce in itself does not prevent Catholics from receiving the sacraments, though if the individual in question is responsible for the breakup of the marriage through some sinful action (infidelity, spousal abuse), there may be questions about his or her ability to receive. These questions are best handled in the confessional. Catholics who divorced and remarried outside the Church are not under the penalty of excommunication, but they are in an objective state of sin and must refrain from reception of the sacraments until their irregular marital status is corrected. An objective state of sin does not mean that this is a bad person, it's simply a state that is not consistent with what Jesus and the Church teaches and believes. Catholics in this situation must still participate in Mass, but may not receive Eucharist until their marriage situation is regularized according to the teachings of Jesus Christ and his Church. (See St. Mark 10:2-12; St. Matthew 5:31- 32 and 19:3-9.) An annulment wipes away all vestiges of the past relationship, and children from that relationship become illegitimate. (TOTALLY FALSE) If a declaration of nullity is made regarding a past marriage, the Church is saying that a permanent bond of marriage did not arise at the time of the wedding. This means that both people of the prior union are free to celebrate a marriage in the Church.
    [Show full text]
  • On Validity and Invalidity of Sacraments Robert E
    ON VALIDITY AND INVALIDITY OF SACRAMENTS ROBERT E. RODES, JR. Notre Dame Law School HIS ARTICLE had its genesis, more or less, in an after-dinner conver­ Tsation with a theologian who remarked, as we were talking about sacraments and priesthood, that the notion of "validity" belonged in my discipline of law rather than his discipline of theology. His doctrine is very much concerned with sacraments as celebrations, and so he is less apt to ask whether they are valid than how well they come off. On his understanding, talk about validity or invalidity of a sacrament is no more useful than talk about validity or invalidity of a birthday party. His impatience with traditional notions of validity is shared by many ecumenical-minded people who see invalidity as a pejorative term and are unwilling to apply it to the ministrations of those Protestant bodies that lack priests ordained in the traditional fashion but seem to be living in Christ's presence at least as fully as a typical group of Catholics or Orthodox. These problems with the notion of validity of sacraments are, in fact, very similar to some of the problems we have with the notion of validity of legal transactions. If it seems unacceptable to consign a child to hell (or even limbo) because the priest used the wrong formula in baptizing him, it seems analogously unacceptable to put a family out of their home because their title deed is not sealed in the proper way. My friend's dismissal of validity as a mere legal concept is, of course, not to be taken seriously.
    [Show full text]
  • Catholic Marriage Divorce Annulment
    Catholic Marriage, Civil Divorce, and Annulments SAINT MARY OUR LADY OF GRACE – September 13, 2016 Presented by Deacon Mike Menchen and Claudia McIvor Catholic Marriage Union of opposite sexes Lifelong union, ends at death Excludes a union with anyone else as long as the marriage exists Covenant (not contract) Sacrament of the Church All Marriages – Even Non-Catholic Presumed to be valid Presumed indissoluble Divorce Civil, not Catholic Emotional Financial Legal Process Does not invalidate a sacramental marriage Church attitude towards divorced Catholics Compassionate Understanding Non-judgmental Welcoming Supportive Yes, they may receive Communion… Annulment Declaration of Nullity – saying that something was missing in the marriage that prevented it from being sacramental No chance of reconciliation – civil divorce, then wait a year Petition for annulment by either spouse Types of Annulments The marriage Lack of Form was not done according to the Catholic Rite of Marriage. The couple was not married by a priest or deacon or in the canonical form. Pauline Privilege When a But if the unbelieving person is not baptized partner desires to separate, prior to the let it be so; in such a case marriage, this may be the brother or sister is not grounds for bound… annulment. 1 Corinthians 7: 12-15 Prior Bond Catholics are not free to remarry if the previous marriage has not been annulled. It is not a sin to divorce. If divorced and remarried, the Catholic spouse may not receive communion Formal Case Two Catholics, married in the Church, now divorced
    [Show full text]
  • Matrimonial Consent in Canon Law, Juridical Aspects
    MATRIMONIAL CONSENT IN CANON LAW JURIDICAL ASPECTS Roberto Rosas* I. Introduction A valid marriage emerges to existence thanks to the founding power of one sole efficient cause - consent. With clarity and detem1ination, Canon 1057 Section 1 indicates: "The consent of the parties, legitimately manifested between persons qualified by law, makes marriage; no human power is able to supply consent. " 1 The title of this miicle "Matrimonial Consent in Canon Law", is one of great interest and significance in the judicial praxis, jurisprudence and in the marriage doctrine. To initiate, lets us remember the principle of common sense and experience: "One can only give that which is owned", which is applied to introduce us to consent. In effect, according to Canon 1057 Section 2: "lvfatrimonial consent is an act ofthe will by which a man and a 1vonwn mutually give and accept each other through * Roberto Rosas is an Instructor of Law at St. Mary's University School of Law, San Antonio, Texas, USA (since 2000 and Visiting Professor since 1994). Professor Rosas received his law degree from the Dniversidad de Guadalajara in Mexico where he previously obtained the degree of Electrical Mechanic Engineer. Prof. Rosas' postgraduate studies include Harvard Graduate School of Business, University of Massachusetts at Amherst, and Oxford Centre for Management Studies. He also studied graduate courses on comparative law of Mexico and the United States as well as canon law. He is a doctor of law at the Universidad Europea de Madrid. He has also been a professor of law at the Universidad de Guadalajara from which he graduated at the top of his class.
    [Show full text]